Bill Tieleman is one of BC's best known communicators, political commentators and strategists.
Bill writes a politics column Tuesdays in 24 Hours newspaper and The Tyee online magazine.
Bill has been Communications Director in the B.C. Premier's Office and at the BC Federation of Labour.
Bill owns West Star Communications, a consulting firm providing strategy and communication services for labour, business, non-profits and government.

Tuesday, November 13, 2012

BC's Conflict of Interest Commissioner in conflict himself over son's senior role in BC Liberal government, says MLA John van Dongen

Only in
BC, You Say? Conflict Commissioner Paul Fraser Conflicted Himself

Fraser's job is to watchdog premier
but his son has key role working for Christy Clark. Independent MLA John van Dongen cries foul, Green Party, Integrity BC agree.

Paul Fraser

UPDATE - BREAKING NEWS

Conflict of Interest Commissioner Paul Fraser has just announced he will recuse himself from investigating MLA John van Dongen's complaint against Premier Christy Clark. Fraser's news release is here.

The short version is this direct quote: "I now recuse myself from any further substantive involvement
in this matter."

So
why does British Columbia have a conflict of interest commissioner who doesn't
recognize a conflict when he's in one himself?

Only
in B.C. you say? Pity indeed that Paul Fraser sees nothing wrong with
investigating a complaint by independent MLA John van Dongen against Premier
Christy Clark's actions while the commissioner’s son John Paul Fraser:

•
Holds a senior B.C. government political job
doing communications for Clark and her colleagues;

• Worked on
Clark's successful B.C. Liberal party leadership campaign;

• Used to work
for the father of Clark's son, her ex-husband political consultant and former
lobbyist Mark Marissen.

Not
understanding that such a perceived conflict of interest clearly disqualifies
Fraser from ruling on van Dongen's complaint is astonishing!

Fraser
told
the Vancouver Sun's Jonathan Fowlie that he had no trouble dealing with van
Dongen's investigation request.

"I
don't perceive a problem in making a decision in this case that will have
nothing to do with my son's career," Fraser said.

"If
I had any difficulty, or felt that I in any way couldn't handle this file like
I do every file -- on the basis that I will go where it takes me, and I will
make the decision that needs to be made without, dare I say it, fear or favour
-- then I should pack it in," he added.

"The
work that this Office does is part of the covenant of integrity that Members of
the Legislature have with the citizens of British Columbia. The work is
important as a democratic safeguard to ensure that private interest is not
allowed to trump public duty."

Hard
to disagree with that concept.

Van
Dongen's complaint

But
it's even harder to see how the commissioner can rule on van Dongen's
complaint, which alleges that Clark participated in some discussions on the $1
billion sale of B.C. Rail in 2003 but excused herself from others because at
that time Marissen was a consultant to CIBC World Markets, the firm supervising
the privatization.

Abbotsford-South
MLA van Dongen is a former B.C. Liberal cabinet minister who quit the party in
part over B.C. Rail issues and the government's payment of $6
million in legal fees incurred by former ministerial aides David
Basi and Bob Virk, despite their making surprise guilty pleas in Oct. 2010.

He
is also an intervener at his own expense at Auditor General John Doyle's court
application to obtain government records about the indemnity granted Basi and
Virk and other officials whose legal fees were charged to taxpayers.

Fraser
is a well respected lawyer and neither his integrity, nor his son's, are being
questioned. But his judgment is dead wrong.

"I
believe there is a reasonable apprehension of bias on the part of the
commissioner," he said in a statement Friday.

"I
must stress that at this time I am not making an allegation that the
commissioner is guilty of actual bias. I am simply saying that there is a basis
for a reasonable apprehension of bias on these facts which requires that
someone other than Paul Fraser carry out the duties under the Members' Conflict
of Interest Act."

In a
telephone interview Sunday night van Dongen said he finds it disturbing that
neither Fraser nor Clark understand the principles behind his complaint.

"It's
a real concern that neither Paul Fraser nor Christy Clark acknowledge the real
issue here," van Dongen said. "There's a critical need to maintain
the independence of the conflict commissioner. It should embody the highest
principles of judicial independence."

'Totally
unfair': Clark

On
Friday in Kamloops, Clark claimed that it was "totally unfair" of
opponents to question Fraser's integrity to go after her.

"Paul
Fraser is a highly respected lawyer in British Columbia. He was selected by a
bi-partisan committee in the Legislature and he has never been accused of
bias," she told
the Kamloops Daily News.

"He's
a man of great integrity. His reputation is absolutely spotless. It's totally
unfair to drag his reputation through the mud as a way to launch a political
attack on me," Clark alleged.

But
van Dongen rejects that characterization of his objections to Fraser's role.

"It
isn't just the situation of his son being in a very senior position in
government communications, it's the comments that Paul Fraser doesn't perceive
that as a problem," he said Sunday.

'Fraser
must recuse himself': Green leader Sterk

The
request by van Dongen that Fraser remove himself from the investigation also
has the strong support of Green Party leader Jane Sterk and Integrity B.C., the
watchdog group promoting political ethics and accountability.

In
an email Saturday to 24 hours Sterk states: "Paul Fraser must recuse
himself from investigating John Van Dongen's complaint against Christy
Clark."

"Van
Dongen is making very serious allegations about Clark's potential conflict of
interest on the B.C. Rail sale."

"No
matter what Fraser does, the fact that his son is a friend of Ms. Clark and is
employed in a senior position in the government means there will be a
perception of bias."

"Fraser
should ask a senior member of his office to undertake this investigation,"
Sterk concludes.

And
Integrity B.C. also believes Fraser must remove himself from the investigation.

"The
appearances of Mr. Fraser's conflict in this matter -- which is already so rife
with very real conflicts and additional appearances of conflict -- should make
it readily apparent to him that it is inappropriate for him to conduct this
investigation. The public deserves no less," Integrity B.C. executive director Dermod
Travis told 24 hours and The Tyee by email Sunday.

NDP
expresses trust in Fraser

But
surprisingly, the B.C. New Democrats are supporting Fraser's position.

"We
think Mr. Fraser has a high level of integrity over the past years and we
support his judgement -- we think he will do the right thing," NDP MLA
Shane Simpson told The Tyee Monday.

"This
is an issue about Ms. Clark, not Mr. Fraser," said Simpson, MLA for
Vancouver-Hastings.

Fraser
has already conducted one investigation and rejected any wrongdoing on Clark's
part since his son was appointed assistant deputy minister of Government
Communications and Public Engagement on April 8, 2011.

That
investigation was requested May 5, 2011 by a member of the public to determine
if Clark had, in the words of the Commissioner's 2011 annual report:

"Breached
the Members' Conflict of Interest Act by appearing in and using government
announcements while campaigning in a by-election to win her seat in
Vancouver-Point Grey."

"The
individual believed that government resources might have been used to
'facilitate' the premier's by-election campaign, including her attendance at
public and media events," it stated.

And
Clark certainly found lots of good news announcements to make before the May
11, 2011 vote that she narrowly won
over the NDP's David Eby by less than 600 votes.

For
example, on April 21, Clark celebrated Earth Day with a $4.7 million "green
investment" grant to Simon Fraser University to fund a biomass
energy project, speaking and watching a singing choir of happy kids.

And
Clark announced $13.3 million in funding
for a new home for families visiting their sick kids at Vancouver's B.C.
Children's Hospital on April 28.

Fraser
found no conflict in any of Clark's actions, responding directly to the member
of the public five days after receiving the request to investigate, saying in a
May 10, 2011 letter that:

"I
can find anything in either written or electronic form that would support the
suggestion that government resources were used in whole or in part, to promote
the premier's by-election campaign."

"The
fact that she is, at the same time, seeking election to the Legislative
Assembly does not and should not prohibit her from carrying on her duties as
premier, including making public interest announcements and attending events
recording government policy and actions," he concluded.

Power
of perception

Fraser's
ruling may be completely fair based on the facts he investigated.

But
just as in the van Dongen situation, his letter of response did not disclose
that his son was by that time working as a senior member of Clark's
communications team, hired under an Order In Council
that can be rescinded by the premier at any time.

Perhaps
that isn't important. It might have made absolutely no difference to the member
of the public who requested the investigation or to media who reported it.

But
that's the whole point about "perceived conflict of interest" -- it
isn't that a conflict exists, just that there is a perception of conflict which
creates doubt.

It's
unfortunate for both Fraser and his son that their careers have collided in
this way.

However
it is far more unfortunate that Fraser not only didn't even perceive a problem
but also failed to disclose that potential to van Dongen right from the start
of the MLA's complaint.

Now
the only solution is for Fraser to remove himself from the investigation.

But
will other conflict of interest cases also put Fraser in an equally untenable
position?

And
it's troubling that Clark is already holding out Fraser's report into van
Dongen's complaint as the final word, saying to the Kamloops Daily
News that she’ll be glad when Fraser's B.C. Rail probe is over:
"because this will finally, with this report, stick a fork in it."

Is
that the premier pre-judging Fraser's unfinished report in public? Not
politically wise and definitely not reassuring.

Fraser's
reappointment pending

In
another twist of political fate, Fraser's own reappointment for another term as
commissioner is due to happen shortly.

New
Democrat MLA Leonard Krog declined all comment on Fraser's reappointment or
even the status of it when contacted Saturday.

Krog
sits on the all party special
committee that will soon advise the Legislature on the matter.

It's
time that the public had a little sunlight shone on the Conflict of Interest
Commissioner's status and how he could continue in his job given his current
conflicted state.

But given
Krog's colleague Shane Simpson's comments on Fraser's position, there seems
little doubt that Fraser will be reappointed to another five-year term with NDP
and B.C. Liberal support.

Earlier this morning I spoke with independent MLA Bob Simpson - Cariboo North - who says he agrees with van Dongen, Sterk and Integrity B.C. that the Conflict of Interest Commissioner should recuse himself from dealing with van Dongen's complaint.

"John van Dongen is correct in his contention that given the duration and twists and turns [of the B.C. Rail case] the premier should request a different process," Simpson said. "Perception does count in these cases."

Fraser has since announced he will recuse himself from the investigation.

14 comments:

e.a.f.
said...

it might be a good idea for the two ndp members of this committee to be replaced. If they don't get the concept, they should not be there. If they can't get the concept of scoring political points by opposing Fraser, they need to go. They won't help the the public's view of the NDP if they don't get the concept of conflict of interest.

Shane Simpson ought to know better. If he doesn't, lets hope he doesn't make it into cabinet. With an attitude such as his, Dix will be a one term wonder.

Clark will be bounced by the voters, in part because the lieberal's inability to know right from wrong & think the public doesn't get it. Should the NDP goe down the same road, regardless of how right they think they are, they will be a one term government. People are tired of the "closeness" of all the game players. During this time period, leading up to the election, voters will be giving the NDP a close look. Shane Simpson's attitude may not be what people want to see. He will be re elected in his riding but his opinions will impact how well others do in their ridings.

Job for life seems to be the way things are going . The guy sure didn't do the right thing by removing himself and as more people were complaining finally removed himself. Is there no honest sound thinking people rotating in and around the government. Good for Van Dongen for forcing the issue.And one can only wonder where he has been getting the money to pursue the case.

Shane Simpson isn't the only problem. Another is Spencer Herbert MLA for the West End. His attitude reeks of arrogance.

and like it or not, the NDP will be dissected like a lab specimen by the voters. Do not expect the NDP to get away with much, since if they do what they have been perpetually being critical of the BC Liberals doing, they will be hypocrites.

Still suspicious as to why VanDongen would be spending $100,000 and climbing on a case just to petition for a hearing. That's just for the hearing to see if an inquiry is warranted based on filed facts (not conjecture or whiny "I want an inquiry") , not an actual outcome of an inquiry.

The inquiry if it comes may also find no legal wrongdoing, nor no actual factual wrongdoing at all, just optics.

Commisioner is not "job for life". It is based on a renewable term, and there's no guarantee of "job for life".

There will be many "jobs for life" gone from BC Liberals, but those will be replaced with "jobs for life" for NDP supporters.

"I have given further and considerable thought to the perception issue. I have concluded that given the very unique circumstances here – circumstances in which there is a familial connection to a part of the history in which a conflict appears to be alleged, combined with the acute political controversy that the 'BC Rail' file has occasioned in this Province – it is unfair for me to ask the Members of the Legislative Assembly or the public to bear the uncertain burden of my continued involvement in Mr. van Dongen's request." Wouldn't this apply to any and all files that Fraser touches? When's his term over?-----

The BC liberal just do NOT care about impression or what honest Bc taxpayer think.The BC Fiberals are resigned to the fact that they will be badly losing the next election and they are maxing out their credit cards,increasing pension and severance packages and they don't care what BC taxpayers think anymore since they will be able to walk away from all the messes they have created.The Bc liberal just do NOT care, lining their wallets is number one priority.

Campbell's first election lie, the BCR was not for sale?? Everything went down hill from there. Christy was Deputy Premier. The rest of the Liberal Ministers were there too. The farce of the trial. Taking tax dollars, to pay the two patsies legal fees?? This was one of the most sleazy crimes, in Canadian history.

However, in Canada corrupt thieving politicians are rewarded.

BC is a dead, thieved out province. Christy chose to work for Harper, as Campbell did before her. Christy didn't even try, to clean up Campbell's corruption. That sunk Christy right there. She was known as, another Gordon Campbell, wearing a skirt. I do believe, Christy is doing her part, to destroy BC, just as Campbell did. Nor, do we forget Harper's part either.

The "Right"s attempt to pull the wool over voters eyes is hampered by internet subscribers everywhere. Romney needed to learn that honesty is a better policy during an election. Mother Jones' exposure of the 47% indicates that internet media (along with digital photography) will help or destroy campaigns everywhere. Demographics will also play a key part in future elections in our country. As the "old guard" passes, newer and younger ideas will decide who will be our new leaders. Tired old ideas from the long passed will be a footnote sooner than later.The anon replies frquently that the NDP will be the same old, same old, but there is little to compare to a "fudgeit budget" with what we are currently stuck with both federally and provincially. $60 Billion provincial debt and a $600 Billion federal debt is no comparison. Selling our oil assets to China won't help with the debt. China has more n.g. than does Canada. Investing $4 million in ads and another $200 grand to see if the ads worked is just ridiculous. What we need is serious debt reduction, not more MPs. What we do NOT need is to elect senators(as I heard the province has requested), because we do NOT even need a senate as it's stacked by current leaders anyway. Too much money wasted everywhere! Canada is not far from a "made in Canada" recession. Except in Victoria, and Ottawa.

There is only one thing I want the NDP govt. to do and that is to stop wasting taxpayers money. The Libs are a dismal failure at debt reduction. Comparing the 2 parties (and previous), it is clear that the Libs are more corrupt than ALL previous governments including the Zalm. This province has suffered long enough. I doubt it could get any worse.

We want an honest government. So tell us the truth about B.C. Rail.The Bc liberals have forced many families to suffer, your motto "Families First" was so meaningless, just as your party has become!Let's bring on the full BC Rail fraud inquiry and uncover the fraudulent details about the Basi -- Virk payoff.Hope to see you charged with fraud after your party loses the next election.All i'm waiting to hear from Dix is the announcement of an inquiry into B.C. Rail. with subpoena's, and an inquiry into the Basi.Virk payolla, with more subpoena's. That should put Captain Crusty on a one way ticket to a non extradition treaty country, to avoid jail time. Collin Hansen will probably sing like a canary, as he was going to when the libs paid 6 million dollars to two lawyers hoping the hush money would have put the whole fraud sale to rest and the BC taxpayer would forget about selling one of BC taxpayer best assets, BC rail.Maybe not giving a way dividend paying assets like BC Rail would help with the revenue side,When you sell assets to cover regular spending, you are either in big trouble, or are being really stupid..

"A wholly owned subsiderary of the BC Business Association" is what has been used to describe the BC Liberal Party. Makes you wonder if that association is cut from the same "cloth" as the BC Liberals. The malfeasance and kleptocracy must be ended and the "rot" that is politics in this province, be exposed and replaced with an accountable and integrity based system.

Bill Tieleman and Senator Larry Campbell, former Vancouver mayor

Jim Sinclair, Cindy Oliver, Ken Georgetti and Bill Tieleman

Bill Tieleman's coverage of the Basi-Virk/BC Legislature Raid Case praised by other journalists:

"This outstanding piece of journalism, in The Tyee, is the work of a journalist who has been deeply involved with this issue from the start and this article should be passed on as far and wide as possible."

"Bill Tieleman from 24 hours . . . . If you want to know about this trial and about this case, you have to read his blog – I mean, that’s just all there is to it – it’s required reading if you want to understand the BC Legislature Raid situation."

- Mike Smyth, columnist, The Province

"The Basi-Virk case....you’ve probably sat through more of these hearings and gone through more of the files and written about it than any other journalist in the province."

- Bill Good, host, The Bill Good Show, CKNW/Corus Radio Network

"Tieleman ...has done a first-rate job covering the trial."

- Paul Willcocks, columnist, the Victoria Times-Colonist

"Tieleman, who marries a considerable journalistic talent with one of the smartest political minds in the province, has been writing more web-exclusive material. And his coverage of the Basi-Virk trial is a must-read -- whether you're an insider or an outsider."

"24 Hours, the Vancouver paper that has been leading the coverage, as well as the hints of conspiracy in B.C."

- Norman Spector, columnist, Globe and Mail

"Although the major media in this circumstance has been giving the case significant coverage, Tieleman's reports on his blog have been outstanding.

The entire cut and thrust of legal wrangling and arguments has been covered and is accompanied by considered analysis.....His blog site coverage of the Basi-Virk trial is the most in depth treatment of one of British Columbia's biggest political scandals."

- Bill Bell, columnist, The North Shore News

"Mr. Tieleman has published online dispatches which, freed from the limitations of newsprint space or broadcast time, can run at length. They also remain available for those select readers who become obsessed with a case also known as Railgate.....

In another bizarre twist to a story with no shortage of them, Mr. Tieleman went to work one day in December only to discover his office had been ransacked. Bookcases had been tipped over and papers strewn, but nothing was missing.

To top it off, a press kit for the self-published novel The Raid, written by a retired military officer in Metchosin and featuring on its cover a photograph from the 2003 police raid, had been left in a conspicuous place."

- Tom Hawthorn, columnist, The Globe and Mail

Nobody has followed the Basi-Virk affair over its past five years with greater diligence than local journalist, Bill Tieleman....Tieleman deserves our thanks, a fistful of journalism awards and some merit citation for citizenship.